c. Compound Complex Crime

Complexed with Estafa

• There is a complex crime of falsification of a public, official, or commercial document with estafa.
• There is no such complex crime if what is involved is a private document.
• Reason: To be punishable, falsified private documents need to be accompanied by damage, or intent to damage a third person. The resulting damage from an act constituting estafa actually merely consummates the crime of falsification of a private document.
• Distinguished from falsification of a public document, which needs no damage to a third party to be punishable: Any damage resulting from use of the falsified public document could be attributed to a separate crime such as estafa, because damage is not an element of falsification of a public document.
• If a private document is falsified to conceal the misappropriation of money or other personal property which has been in the possession of the offender, the crime committed is estafa with abuse of confidence only.

KINDS OF COMPLEX CRIMES

• COMPOUND CRIME: When a single act constitutes 2 or more grave or less grave felonies.

REQUISITES:

• Only a single act is performed by the offender; and
• The single act produces:
• Two or more grave felonies; or
• One or more grave and one or more less grave felonies; or
• Two or more less grave felonies.

Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony.

Example: The light felonies of damage to property and slight physical injuries, both resulting from a single act of imprudence, do not constitute a complex crime. They cannot be charged in one information. They are separate offenses subject to distinct penalties. (Lontok vs. Gorgonio, G.R. No. L-37396)

When the crime is committed by force or violence, slight physical injuries are absorbed. Thus, where a person in authority or his agent, who was attacked in the performance of his duty, suffered slight physical injuries only, the crime of slight physical injuries is absorbed in the crime of direct assault. (People vs. Benitez, G.R. No. 48396)

• COMPLEX CRIME PROPER: When an offense is a necessary means for committing the other.

REQUISITES:

• At least Two offenses are committed;
• One or some of the offenses must be Necessary to commit the other (Note: necessary means is not equivalent to indispensable means); and

Elements of the Complex Crime of Estafa through Falsification

• For Estafa:
• Deceit
• Damage
• For Falsification:
• The offender is a public officer, employee, or notary public under Art. 171 of the RPC, or a private individual under Art. 172(1) of the RPC;
• If charged under Art. 171 of the RPC, the offender takes advantage of his official position; this is not required under Art. 172(1) of the RPC;
• He falsifies a document by committing any of the acts defined under Art. 171 of the RPC